GENERAL TERMS AND CONDITIONS
Forststr. 9 | 04229 Leipzig
- hereinafter referred to as "WE" -
The following general terms and conditions [hereinafter the "GTC"] apply to all orders, offers, deliveries, mediations and services carried out by us, which are concluded via our website https://www.maximalpuls.com [hereinafter the "WEBSITE"].
You agree to these terms and conditions by accepting our services.
SERVICES | PAYMENTS
The services presented on our website do not constitute a legally binding offer, but merely an invitation to inform you about our offered services.
We would like to point out that the presentation of services on our website does not mean that they are available.
To initiate a binding order or booking request on our website, you must select an event and then select your desired tickets and other services or products in the form. We then require the necessary data for the conclusion of the contract. If you book for more people than just yourself, we also need the corresponding data of the other persons.
Before your binding order, you have the opportunity to check your information again and correct it if necessary. By clicking the button "Register now" you place your binding order.
After sending the order confirmation, you will receive an order summary by e-mail, which represents the acceptance of the offer and thus also a binding booking.
PRE-ORDER | DELIVERY | FAILURE
If you order additional products, such as a jersey, as part of an event, you have the option of picking them up on site on the day of the event or having them delivered in advance.
In case of delivery, we can only give you an approximate estimate of the delivery time, as the products are manufactured separately. If, contrary to expectations, the production or timely delivery of the product fails, we will refund you the purchase price paid, including any shipping costs for the product in question, within 14 days from the date on which we finally determine that we can not deliver one or more products of your order.
All prices stated on our website are gross prices, i.e. they already include the applicable German statutory value-added tax.
The prices for delivery listed in the respective offer at the time of your order apply.
TERMS OF PAYMENT
Payment for the order on our website is due immediately after confirmation of the order.
You have the option to pay by PayPal or by SEPA direct debit mandate.
If you would like to place a collective order for an organization such as a club or a company, please send us an e-mail to firstname.lastname@example.org. Afterwards you will receive a total invoice for your order to the deposited e-mail. After receipt of payment you will receive your registration codes for the registration of the registered persons. For the order all further general conditions of this AGB are valid.
SHIPPING | AVAILABILITY
The general shipping costs can be found on our website. In the case of the order process, these will be displayed to you before a chargeable order.
In case of a revocation, you have to bear the direct costs of the return.
If at the time of your order no more copies of the product selected by you are available, we will inform you immediately in our order confirmation. If the product is no longer available, we will not accept the purchase and no contract will be concluded between us.
If the product is only temporarily unavailable, we will only inform you in our order confirmation.
If you want to make a change to your booking for an event, this is possible up to one day before the start of the event. You have the possibility to transfer your starting place to another person or to adjust the selection of your chosen competition on the day of the event (e.g. change of the running course or the distance).
In case you want another person to take your place, you will receive a link from us, which will allow you to register the new person.
If you change your chosen competition, we will charge you for any additional costs incurred and refund any reduced costs.
In the case of transferring the starting place to another person, we will charge you a processing fee of 10.00 EUR per person for each rebooking.
A set-off or the exercise of a right of retention is only permissible with undisputed or legally established claims against us. It shall also be permissible to set off or exercise a right of retention against disputed counterclaims that are ready for a decision as well as against all claims directly related to this contractual relationship.
START OF CONTRACT | REVOCATION | CANCELLATION
START OF CONTRACT
The contract is concluded as soon as we have confirmed your order by e-mail. You can only order from us if you are at least 18 years old at the time of the order. Registration of minors for children's or main competitions must always be made by the parent or guardian.
NO-SHOW | CANCELLATION | REFUNDS
If you do not participate in an event or cancel your participation, we understand this statement as a waiver of your right to start. In this case you are not entitled to a refund of the participation fees. In case of illness or injury, we will transfer your starting place to the following year as a gesture of goodwill with appropriate proof (medical certificate). For this we will charge you a processing fee of 10,00 EUR.
If you cannot participate in your booked sports event due to a permanent serious injury, crippling, own death (claim will be claimed by the heirs here) or due to pregnancy, we will refund your participation fees as a gesture of goodwill.
NO REVOCATION - EVENTS
If you register for a sports event, you are not entitled to the following pursuant to § 312g para. 2 no. 9 BGB no statutory right of withdrawal.
REVOCATION - ADDITIONAL SERVICES
In the event that you book an additional service and are a consumer in the sense of § 13 BGB (German Civil Code) and therefore make the purchase for purposes that can predominantly neither be attributed to a commercial nor independent professional activity, you have a right of withdrawal with the following provisions:
You can cancel the contract with us within 14 days after receipt of the goods without giving any reason. The goods are considered received when you or a person designated by you, who has not transported the goods, takes possession of the goods.
To exercise your right of withdrawal, you must revoke the contract by means of a clear declaration to us, e.g. by e-mail, phone or letter. You can use the cancellation form, which you can find below.
In order to revoke in time, it is sufficient that your declaration of revocation is received by us within the deadline.
CONSEQUENCES OF REVOCATION
With the revocation of the contract, we have to return all payments, including delivery costs (with the exception of the surcharge for any express deliveries), immediately and no later than within 14 working days after receipt of the revocation. For the repayment of the purchase price, we will use the same means of payment that you used for your original transaction.
We have the right to refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within 14 days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
You have to bear the direct costs of the return in any case.
We reserve the right to charge you for any loss in value of the goods as soon as this is due to handling of the goods that is not necessary for testing the condition, quality or functionality of the goods.
SAMPLE CANCELLATION FORM
(If you want to cancel the contract, you can use this form in any case and send it back to us filled out).
maximalPULS GmbH | Forststr. 9 | 04229 Leipzig
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable
FURTHER AGREEMENTS | CANCELLATION EVENT
CHANGE PERSONAL DATA
If your personal data relevant to the contract changes, you are obliged to inform us of this change by e-mail or via our contact form on our website. We will then adjust your personal data.
If you receive your own link from us for entering personal data (e.g. for uploading your results), you are required not to pass on or publish the individual link to third parties. The link must be kept safe and inaccessible to unauthorized persons, and any loss or disclosure must be reported to us immediately in text form.
CANCELLATION EVENT | FORCE MAJEURE
If we have to cancel an event due to
- force majeure,
- due to an official prohibition for which we are not responsible,
- for safety reasons that oblige us to make such changes to the event that it is no longer possible to hold it economically,
have to cancel the event in whole or in part, we are not liable to you for damages. In the aforementioned cases, we have the right to withdraw your right to start and accordingly exclude individual participants or all from the event or accordingly withdraw from the contract.
If a reduction of the starting places for participants is necessary due to the aforementioned reasons, we will draw the remaining starting places among the already registered participants and inform all affected participants immediately.
If a cancellation has to be made after the start of the respective event for the reasons mentioned above, you are not entitled to a refund of your paid participation fee.
Force Majeure shall include war, warlike conditions, riots, strikes, lawful lockouts, shortages of power or raw materials, revolution, rebellion, military or civil coup, acts of terrorism, reactor accidents, riots, embargoes, epidemics, pandemics such as Sars-CoV-19 ("Corona"), fire, hurricane or other severe weather on a catastrophic scale, and natural events such as earthquakes and landslides.
FAILURE EVENT | Sars-CoV-19-PANDEMIE
In the event of a partial or full cancellation prior to the start of an event due to the current effects of the Sars-CoV-19 ("Corona") pandemic, e.g. due to an official decision, measure or requirement, we will convert your participation fee into a voucher for a later similar event or refund your participation fee, at your discretion.
If you participate in one of our events, we would like to point out that this is a public event, which will be the subject of public reporting in parts. Thus, various audio, photo and video recordings will be made at the event, which will be published online (Internet and social media) and offline on TV, radio and print. It is therefore not excluded that you will also be pictured on these recordings.
DOCUMENTATION | RIGHT TO ONE'S OWN IMAGE
We will document our event ourselves and also through third parties by means of audio, photo and video recordings and use the corresponding recordings in particular on the Internet on our website and in social media as well as in print media for self-promotion and reporting. If you participate in our event, you grant us for the aforementioned purposes, revocable at any time, the simple, worldwide, unlimited in time, transferable and sublicensable right to use, host, copy, publicly perform, modify, distribute, publish, disseminate and process images and other recordings before you.
You also refrain from mentioning your name.
LIABILITY | WARRANTY | DATA PROTECTION
The warranty rights are governed by the statutory provisions.
YOUR HEALTH CONDITION | INJURIES
We assume no liability for health consequences resulting from your participation in an event of ours, if you participate in an event of ours despite an insufficient fitness or health condition or if you do not interrupt your participation and immediately seek medical help in case of occurring injuries or later negative health condition. We also assume no liability if you come to harm during one of our events due to a fall or external influences, whether self-inflicted or in connection with another participant or service provider personally come to harm or your material is damaged.
We shall be liable without limitation in accordance with the statutory provisions for damages arising from injury to life, limb or health, as well as for intentional or grossly negligent acts and in the event of liability under the Product Liability Act.
Furthermore, in the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation. Such an essential contractual obligation exists if its fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely or whose violation restricts rights of you that this agreement has just granted you according to content and purpose. In the event that we are liable in this way, however, the compensation is limited to the typical and foreseeable damage.
Furthermore, we shall not be liable for lost profits, lost savings, damages from third party claims and other direct damages.
FURTHER PROVISIONS | GENERAL
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction is - as far as legally permissible - Leipzig, Germany.
Should any provision of these GTC be or become invalid or should a loophole exist, the other provisions of these GTC shall remain in full force and effect and legally enforceable.
Should we fail to legally enforce a provision, this shall not constitute a waiver of rights.
EU ONLINE DISPUTE RESOLUTION PLATFORM
The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. We are not legally obligated to participate in the online dispute resolution procedure and will not participate in it.